Confronting the inevitable reality of a loved one’s demise is always a challenging time. Alongside the emotional anguish, various legal and administrative tasks require immediate attention. Among these tasks, securing your loved one’s assets, executing the deceased person’s Will and ultimately distributing the estate assets can be overwhelming for the bereaved family. This is where probate attorneys come into play.
So, why and when would you need a probate attorney?
Let’s explore the critical roles and significance of a probate attorney in the complex process of estate administration and how their expertise can provide support and guidance during challenging times.
What Is a Probate Attorney?
A probate attorney, also referred to as an estate or probate lawyer, is a professional dedicated to working with families in order to ensure that a loved one’s estate assets are properly administered according to Pennsylvania law. They guide the deceased loved one’s family through the entire process, beginning with securing the appointment of a personal representative.
An experienced attorney not only helps with legal matters like managing estate assets and settling outstanding debts but also assists in estate administration. The probate process involves numerous complex transactions, including the transfer of bank accounts and retirement accounts, the sale of estate assets, payment of the estate’s debts—including certain taxes—and settling legal claims against the deceased’s property.
Why Would You Need a Probate Attorney?
Many different circumstances warrant the engagement of estate lawyers. One key reason is the need to ensure legal accuracy and compliance with Pennsylvania law. The probate process entails a number of legal formalities and documents, which require precise handling. If the deceased owner made estate plans like trusts, the presence of an estate planning attorney is critical.
Furthermore, dealing with estate taxes can be a complicated task for a layperson, and difficult tax situations often arise that require expert advice. Dealing with taxable estate, calculating the income tax on income earned from the estate, and handling creditor claims are areas a probate legal advisor is proficient at navigating.
When Would You Need a Probate Attorney?
Complex Estates
There are instances when your loved one might leave behind a wide range of assets, including various types of properties, such as real estate, multiple business holdings, and diversified investment portfolios. These scenarios are typically labeled as complex estates. In these particular situations, enlisting the services of an estate attorney becomes a paramount necessity. These attorneys have the legal expertise and the necessary skills that are highly essential for the management, disposition, and distribution of such complex estates.
Death Designations
Certain beneficiary designations, such as life insurance claims, retirement accounts, brokerage accounts, or other specific death designations, can also become outdated or appear invalid. This can cause major complications in the distribution of the deceased’s assets.
It is during these times that the need to hire probate lawyers arises on an urgent basis. These probate attorneys ensure that assets are appropriately distributed without being misdirected, thereby avoiding needless family conflict or personal liability for improper distributions.
Upsets in Family Dynamics
Unsettled estates can sometimes lead to disturbance in family dynamics, especially when significant sums of money or valuable property are due for distribution. In cases where the asset distribution leads to disputes between family members or causes unnecessary conflicts, the need for an estate attorney could be instrumental.
Having no personal gain from the ultimate distribution of the assets, such estate attorneys can carry out legal proceedings in an impartial manner, thus resolving issues and helping avoid lasting family conflicts or the need for Court intervention.
Deficiency of Estate Planning
In many instances, people pass away without having any formal estate plans or even without creating a last Will (also known as intestate property). This absence of estate planning documents can lead to complications in determining the distribution of the assets held by the deceased.
An experienced estate attorney is often necessary in resolving these contentious and complex situations and ensuring that the rights of all potential heirs are properly observed.
Inadequate Legal Documentation
In cases where no legal documents exist, such as a Will, or the existing documents are vague, uncertain, or ambiguous, the assistance of an estate attorney can prove to be crucial. A probate lawyer can step in and handle these situations and manage the probate proceedings, ensuring that the wishes of the deceased are understood and adhered to as accurately as possible.
What to Look for in a Probate Attorney?
Expertise and Experience
When seeking a probate attorney, consider their expertise and experience in dealing with probate estates. Whether they deal with simple estates or handle more complicated situations with numerous potential legal issues, the attorneys’ depth of experience and knowledge in the field of estate probate plays a critical role.
Understanding of Estate Law
The selected attorney should be familiar with the applicable estate law. This includes having a comprehensive understanding of complex laws and detailed rules about the estate probate process. Their experience in managing each stage of probate—from initiation to closure—is vital to the process.
Credibility
Trustworthiness, honesty, and reliability are essential characteristics to consider when looking for an estate attorney. The attorney will represent your interests and carry out fiduciary duties, making their credibility and commitment to their clients a top priority.
Fee Structure
It’s good practice to understand the attorney’s fee structure—be it based on hourly rates or a flat rate—before you engage their services. Being aware of this information will prevent unnecessary surprises and misunderstandings later on and help ensure a smooth, transparent process. Under Pennsylvania law, you are entitled to receive a Fee Agreement, which sets forth the scope of representation, the associated costs and other important things you need to know.
Client-Relationship
Comfort and transparency with the attorney are essential when dealing with probate matters, probate administration, and the associated legal proceedings. Clients should be able to openly discuss their concerns, trust their attorney with sensitive information, and rely on the attorney’s advice throughout the process. The number one complaint of clients is the failure of their attorney to return calls in a timely fashion. Make sure to discuss this with your attorney.
End Your Probate Worries With Our Trusted Attorneys Today
Dealing with the legal process after a loved one’s passing is distressing and complicated. Don’t tackle it alone. We at Heiligman & Mogul, P.C., understand your situation and are here to support and guide you every step of the way. With our experienced attorneys by your side, probate worries will become a thing of the past.
Allow us to lighten your burden and provide you with peace and clarity in these challenging times. Call us today, and let us use our expert knowledge to minimize your stress and make your life easier.